Legal Opinion

O'Reilly v. Yavorskiy

Appellate Division of the Supreme Court of the State of New York

Decided December 16, 2002PublishedCited by 11 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Harkavy, J.), dated October 29, 2001, as granted that branch of the plaintiffs’ motion which was to preclude him from offering certain testimony and evidence at trial pursuant to CPLR 3126 based on the alleged spoliation of evidence.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was to preclude the -defendant from offering certain testimony and…

2Cases cited4 opinions

  1. Hartford Fire Insurance v. Regenerative Building Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  2. Popfinger v. Terminix International Co.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Gallo v. Bay Ridge Lincoln Mercury, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  4. McLaughlin v. BrouilletAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by11 opinions

  1. De Los Santos v. PolancoAppellate Division of the Supreme Court of the State of New York · 2005
  2. Ifraimov v. Phoenix Industrial GasAppellate Division of the Supreme Court of the State of New York · 2004
  3. Cordero v. Mirecle Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  4. Fotiou v. GoodmanAppellate Division of the Supreme Court of the State of New York · 2010
  5. Ashford v. TannenhauserAppellate Division of the Supreme Court of the State of New York · 2013

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